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Availability of Injunctive Relief for Standard-Essential Patent Holders

Description: This report provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The report first summarizes several fundamental principles of patent law, then discusses the relationship between standard-setting organizations and FRAND licensing.
Date: January 10, 2013
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

Patent Reform: Judicial Developments in Areas of Legislative Interest

Description: This report reviews the relationship between Congress and the courts in patent reform. It begins by offering a summary of the patent system. The report then discusses a number of topics that have been the subject of both judicial and legislative consideration. The current state of the law is then contrasted with legislative reform proposals before previous Congresses. The report closes with observations concerning the subtle interaction between legislative, administrative, and judicial actors within the patent system and their impact upon the U.S. innovation environment.
Date: January 5, 2011
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department

Patent Reform: Overview and Comparison of S. 507 and H.R. 400

Description: H.R. 400 and S. 507 are similar but different omnibus patent reform proposals. Both bills generally transform the Patent and Trademark Office into a government corporation; require publication of patent applications 18 months after filing, subject to certain exceptions that differ in these bills; and extend the patent term for certain delays in patent issuance. S. 507 also contains provisions on patent reexamination reform. This report summarizes and compares the bills and reviews arguments for and against the proposals.
Date: April 16, 1998
Creator: Dorothy Schrader
Partner: UNT Libraries Government Documents Department

American Inventors Protection Act of 1999

Description: After several years of consideration, on Friday, November 19, 1999, Congress gave final approval to a bill which makes major changes to the patent laws. On this day the Senate passed the American Inventors Protection Act of 1999 as part of the Intellectual Property and Communications Omnibus Reform Act of 1999, attached by reference to the Consolidated Appropriations Act for Fiscal Year 2000. This report summarizes major provisions of the patent reform bill.
Date: February 28, 2000
Creator: Seitzinger, Michael V.
Partner: UNT Libraries Government Documents Department

Patentable Subject Matter Reform

Description: This report reviews the current law governing patentable subject matter and recent proposals for legislative reform. It begins by providing a basic overview of the patent system and introducing the principles of patentable subject matter. It then considers the leading Supreme Court decisions construing section 101 of the Patent Act. The report then considers the implications of these decisions within the information technology and life sciences industries. The report closes with a review of legislative reform options.
Date: September 8, 2017
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department

Patent Boxes: A Primer

Description: This report looks at several aspects of patent boxes, including their general purpose. In addition, the report looks at the key considerations in designing a patent box, identifies the countries that currently have a patent box, describes the main elements of those boxes, and sheds light on the U.S. industries that would be likely to benefit the most from such a tax subsidy if the United States were to adopt one. The final two sections discuss what is known about the effectiveness of patent boxes and several other policy issues raised by patent boxes. The report is intended to complement a 2016 CRS report on the "expected effectiveness" of patent boxes.
Date: May 1, 2017
Creator: Guenther, Gary
Partner: UNT Libraries Government Documents Department

An Overview of the "Patent Trolls" Debate

Description: This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed.
Date: August 20, 2012
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

Qui Tam: An Abbreviated Look at the False Claims Act and Related Federal Statutes

Description: This is a brief discussion of the constitutional questions raised by qui tam provisions; of the history of such provisions; and of the three existing, active federal qui tam statutes--the False Claims Act, 31 U.S.C. 3729-3733; the false marking patent statute, 35 U.S.C. 292; and the Indian protection provisions of 25 U.S.C. 201.
Date: August 6, 2009
Creator: Doyle, Charles
Partner: UNT Libraries Government Documents Department

False Patent Marking: Litigation and Legislation

Description: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
Date: October 20, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

Follow-On Biologics: The Law and Intellectual Property Issues

Description: This report reviews the Biologics Price Competition and Innovation Act of 2009 (BPCIA), within the context of intellectual property and innovation issues. It provides an introduction to the biologics industry, introduces the regulatory and intellectual property provisions of the BPCIA, considers the potential market for biosimilars and possible industry responses that may arise in the wake of this legislation, and closes with concluding observations.
Date: January 15, 2014
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department

An Overview of the "Patent Trolls" Debate

Description: This report reviews the current debate and controversy surrounding "patent assertion entities" (PAEs) and their effect on innovation, examines the reasons for the rise in PAE litigation, and explores the legislative options available to Congress if it decides that these are issues that should be addressed.
Date: April 16, 2013
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

False Patent Marking: Litigation and Legislation

Description: This report will describe and analyze the Federal Circuit's 2009 decision that requires a per-article penalty for false marking, as well as two subsequent Federal Circuit decisions in 2010 that answer several questions that have arisen during the recent false patent marking litigation. It also identifies and discusses legislation in the 111th Congress that would amend § 292 in order to retroactively end qui tam false marking suits and with the intent of reducing the number of false marking suits filed in the future.
Date: September 20, 2010
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

Update of "All Eyes on Allergan: Drug Company's Unprecedented Move Raises Questions for Patent and Drug Law (Part 1)"

Description: This report is an update of a previous report discussing the case of "Allergan Inc. v. Teva Pharmaceuticals USA Inc." which deals with patent law and the rights of brand-name pharmaceutical companies and generic pharmaceutical companies as well as Native American tribes sovereign rights because the St. Regis Mohawk Tribe is a co-plaintiff in the case. The case is currently in the appeals process.
Date: March 16, 2018
Creator: Lewis, Caitlin Devereaux
Partner: UNT Libraries Government Documents Department

Pharmaceutical Patent Litigation Settlements: Implications for Competition and Innovation

Description: This report introduces and analyzes innovation policy issues concerning pharmaceutical patent litigation settlements, including pharmaceutical patent litigation procedures under the Hatch-Waxman Act, the concept of reverse payment settlements, the status of reverse payment settlements under the antitrust laws, and congressional issues and alternatives.
Date: January 20, 2011
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department

Pharmaceutical Patent-Antitrust: Reverse Payment Settlements and Product Hopping

Description: This report introduces and analyzes innovation and competition policy issues associated with the pharmaceutical industry. It begins with a review of the Hatch-Waxman Act and its implications upon the availability of generic substitutes for brand-name medications. The report then turns to a basic review of the antitrust law. It then addresses judicial developments with respect to reverse payment settlements and product hopping. The report closes with a summary of congressional issues and possible alternatives.
Date: October 7, 2015
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department

Exporting Software and the Extraterritorial Reach of U.S. Patent Law: Microsoft Corp. v. AT&T Corp.

Description: Generally speaking, United States patent law does not have extraterritorial effect. The exception, however, is § 271(f) of the Patent Act, which makes it an act of patent infringement to manufacture within the United States the components of a patented invention and then export those disassembled parts for combination abroad into an end product. This report discusses Microsoft Corp. v. AT&T Corp. (550 U.S. ___ , No. 05-1056, decided April 30, 2007), in which the U.S. Supreme Court held that software companies are not liable for patent infringement under § 271(f) when they export software that has been embodied in machine-readable, physical form (a CD-ROM, for example), with the intent that such software be copied abroad for installation onto foreign-manufactured computers.
Date: May 31, 2007
Creator: Yeh, Brian T.
Partner: UNT Libraries Government Documents Department

An Examination of the Issues Surrounding Biotechnology Patenting and Its Effect Upon Entrepreneurial Companies

Description: The biotechnology industry is notable both for its heavy concentration of small businesses and its weighty research and development (R&D) expenditures. Given the small size and heavy expenses of many biotechnology firms, their ability to raise venture capital may be of some consequence. The patent law has been identified as a facilitator of these R&D financing efforts. Congress may choose to exercise oversight on these issues. Such consideration would likely include examination of U.S. commitments in international agreements along with other factors.
Date: August 31, 2000
Creator: Thomas, John R
Partner: UNT Libraries Government Documents Department

Mayo v. Prometheus: Implications for Patents, Biotechnology, and Personalized Medicine

Description: Report that reviews the Supreme Court's 2012 Mayo Collaborative Services v. Prometheus Laboratories decision (wherein the court held that a patent claiming a method of optimizing therapies for autoimmune disease was invalid) and briefly consider its implications for innovation and public health.
Date: November 6, 2012
Creator: Thomas, John R.
Partner: UNT Libraries Government Documents Department

Patent Law: A Primer and Overview of Emerging Issues

Description: This report begins with an overview of patent law. It then discusses the Supreme Court's role in the development of patent law generally before examining the Court's recent decisions in detail. Finally, the report closes with a preview of developments in patent law that are on the horizon, such as the continued viability of certain administrative proceedings related to the validity of patents, which is the subject of two cases scheduled to be heard during the Court's upcoming term, as well as patent reform activity in the legislative and executive arenas.
Date: September 21, 2017
Creator: Lewis, Caitlin Devereaux & Armstrong, Kathryn B.
Partner: UNT Libraries Government Documents Department

The Bayh-Dole Act: Selected Issues in Patent Policy and the Commercialization of Technology

Description: Congressional interest in facilitating U.S. technological innovation led to the passage of P.L. 96-517, Amendments to the Patent and Trademark Act, commonly referred to as the "Bayh-Dole Act" after its two main sponsors former Senators Robert Dole and Birch Bayh. Under this 1980 law, as amended, title to inventions made with government support is provided to the contractor if that contractor is a small business, a university, or other non-profit institution. This report discusses the rationale behind the passage of P.L. 96-517, its provisions, and implementation of the law.
Date: November 16, 2010
Creator: Schacht, Wendy H.
Partner: UNT Libraries Government Documents Department